Equal Opportunity Contracting Clause Samples
The Equal Opportunity Contracting clause requires parties to ensure that employment and contracting practices are free from discrimination based on protected characteristics such as race, gender, or disability. In practice, this means contractors must actively recruit, hire, and treat employees and subcontractors fairly, and may be required to submit reports or comply with affirmative action plans. The core function of this clause is to promote diversity and inclusion in the workplace and to ensure compliance with anti-discrimination laws, thereby reducing the risk of legal disputes and fostering equitable business practices.
Equal Opportunity Contracting. Prime consultants are encouraged to take positive steps to diversify and expand their subconsultant solicitation base and to offer contracting opportunities to all eligible subconsultants. To support its Equal Opportunity Contracting commitment, the City has established a voluntary subconsultant participation level.
A. Subconsultant Participation Level
1. Projects valued at $25,000 or more have a voluntary Subconsultant Participation Level goal of 15%. Goals are achieved by contracting with any combination of Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), Disabled Veteran Business Enterprise (DVBE) or Other Business Enterprise (OBE) level.
2. While attainment of the 15% Subconsultant Participation Level goal is strictly voluntary, the City encourages diversity in your outreach and selection efforts. Historical data indicates that of the overall 15% goal, 25% to 30% Disadvantaged Business Enterprise (DBE) and 1% to 3% Disabled Veteran Business Enterprise (DVBE) participation is attainable. The remaining percentages may be allocated to Other Business Enterprises (OBE). Participation levels may be used as a tiebreaker in cases of an overall tie between two or more firms.
Equal Opportunity Contracting. Grantee acknowledges and agrees that it is aware of, and will comply with the City Manager or designee Ordinance No. 18173 (San Diego Municipal Code Sections 22.2701 through 22.2708, as amended), EQUAL EMPLOYMENT OPPORTUNITY OUTREACH PROGRAM, a copy of which is on file in the Office of the City Clerk and by this reference is incorporated herein. Grantee and all of its subcontractors are individually responsible to abide by its contents. Grantee will comply with Title VII of the Civil Rights Act of 1964, as amended; Executive Orders 11246, 11375, and 12086; the California Fair Employment Practices Act; and any other applicable federal and state laws and regulations hereafter enacted. Grantee will not discriminate against any employee or applicant for employment on any basis prohibited by law. Grantee submitted and the City acknowledges receipt of a current Work Force Report or a current Equal Employment Opportunity (EEO) Plan as required by Section 22.2705 of the San Diego Municipal Code, which sets forth the actions that Grantee will take to achieve the City's commitment to equal employment opportunities. Grantee agrees to insert the foregoing Provisions in all subcontracts for any work covered by this Franchise Agreement so that such Provisions will be binding upon each subcontractor. Grantee agrees that compliance with EEO Provisions established through the authority of both Parties will be implemented, monitored, and reviewed by the City's Equal Opportunity Contracting Program staff.